1. Recruitment for Teacher Grade III Level 2 — Dispute over eligibility of candidates with B.Ed (General) and Diploma in Special Education. (Para 2 )
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2026 Supreme(Raj) 542
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA, J.
Hemlata W/o Shri Khemraj - Petitioner
Versus
State Of Rajasthan, Through Principal Secretary, Rural Development And Panchayati Raj Department - Respondent
S.B. Civil Writ Petition No. 4079 of 2026, S.B. Civil Writ Petition No. 4125 of 2026, S.B. Civil Writ Petition No. 4134 of 2026, S.B. Civil Writ Petition No. 4138 of 2026
Decided On : 16-03-2026
Important Points
Petitioners who failed to submit eligibility documents due to ambiguity in recruitment criteria may be granted liberty to submit a representation if judicial precedents subsequently establish those qualifications as sufficient for the appointment.
Subject
Service Law - Recruitment and Eligibility
Headnote
(A) Recruitment - Eligibility Criteria - Teacher Grade III Level 2 (Special Education) - Eligibility of candidates possessing B.Ed (General) Education and Diploma in Elementary Education (Special Education) - Where it has been judicially determined that candidates possessing B.Ed in General along with a Diploma in Special Education have sufficient qualifications for appointment and should be considered as per merit - Petitioners who failed to submit the relevant documents along with their application due to confusion regarding eligibility criteria are entitled to seek consideration of their qualifications in light of such judicial precedents. (Paras 2 and 4)
Facts of the case:
The petitioners applied for recruitment to the post of Teacher Grade III Level 2 (Special Education). Although they possessed a B.Ed degree in general and a diploma in Special Education, they did not submit these documents with their initial applications due to existing confusion regarding the eligibility requirements. Subsequently, judicial rulings established that the combination of a general B.Ed and a Special Education diploma constitutes sufficient qualification for the post.
Findings of Court:
The Court found it just and proper to allow the petitioners to submit a representation along with their requisite qualification documents to the competent authorities for consideration and decision via a reasoned order.
Issues: Whether candidates who missed submitting eligibility documents during the application process due to ambiguity in criteria should be allowed to submit a representation after judicial precedents have clarified their eligibility.
Ratio Decidendi: When judicial precedents establish specific qualifications as sufficient for a post, candidates who were unable to provide those documents at the time of application due to confusion regarding eligibility should be granted the liberty to represent their case before the competent authority for a decision in accordance with the law.
Result: Writ petitions disposed of with liberty granted to petitioners to submit a representation to be decided within 30 days.
Facts of the case:
The petitioners applied for recruitment to the post of Teacher Grade III Level 2 (Special Education). Although they possessed a B.Ed degree in general and a diploma in Special Education, they did not submit these documents with their initial applications due to existing confusion regarding the eligibility requirements. Subsequently, judicial rulings established that the combination of a general B.Ed and a Special Education diploma constitutes sufficient qualification for the post.
Findings of Court:
The Court found it just and proper to allow the petitioners to submit a representation along with their requisite qualification documents to the competent authorities for consideration and decision via a reasoned order.
Issues: Whether candidates who missed submitting eligibility documents during the application process due to ambiguity in criteria should be allowed to submit a representation after judicial precedents have clarified their eligibility.
Ratio Decidendi: When judicial precedents establish specific qualifications as sufficient for a post, candidates who were unable to provide those documents at the time of application due to confusion regarding eligibility should be granted the liberty to represent their case before the competent authority for a decision in accordance with the law.
Result: Writ petitions disposed of with liberty granted to petitioners to submit a representation to be decided within 30 days.
Legal Category Hierarchy
Advocates Appeared:
For the Petitioner: Mr. Peush Nag
For the Petitioner: Mr. Peush Nag
Table of Contents
2. Petitioners possessed B.Ed and Special Education diploma but could not submit documents with application; sought consideration based on prior judgments. (Para 3 , 4 )
3. Court found it just to allow petitioners to submit a representation for consideration in light of binding precedents. (Para 5 )
4. Candidates with B.Ed General and Diploma in Special Education are eligible; matter to be decided on representation. (Para 2 , 5 )
5. Writ petition disposed with liberty to submit representation; authority to decide within 30 days by reasoned order. (Para 5 , 6 , 7 )
6. What is the eligibility qualification for Teacher Grade-III Level 2 (Special Education)?
Candidates possessing B.Ed (General) along with Diploma in Special Education are considered eligible based on prior judgments. (Para 2 )
7. Can candidates submit documents after the application deadline in light of a subsequent judgment?
Yes, the court permitted submission of a representation along with requisite documents for consideration by the competent authority. (Para 3 , 4 , 5 )
8. What is the time frame for deciding such representation?
The competent authority shall decide the representation with a reasoned order within 30 days from receipt. (Para 5 )
ORDER :
ANAND SHARMA, J.
1. Since, the controversy involved in instant writ petitions is identical and similar, therefore, they were heard together and are being decided by this common order.
2. Learned counsel for the petitioners submits that the respondents issued an advertisement for recruitment on the post of Teacher Grade III Level 2 (Special Education). The petitioners applied pursuant to advertisement and secured sufficient marks so as to find their names at appropriate place in the merit list. However, issue with regard to eligibility of the candidates who were possessing B.Ed (General) Education and Diploma in Elementary Education (Special Education) cropped up and was decided earlier vide judgment dated 01.05.2024 passed by Co- ordinate Bench at Principal Seat, Jodhpur in the case of Raja Ram & Ors. Vs. State of Rajasthan & Ors. in S.B. CWP No. 815/2023. Learned counsel submits that after following the judgment in the case of Raja Ram, Co-ordinate Bench of this Court passed order dated 12.08.2024 for deciding the batch of matters led by S.B. Civil Writ Petition No. 10086/2023, in which, it was directed that after the decision Raja Ram (supra) letter dated 26.07.2024 have been issued by RCI addressing Secretary- cum-Department of Primary Education, treating all the candidates who are in possession of diploma in Education (Special Education) as eligible and entitled to get appointment on the post of Teacher Grade-III Level 2. Learned counsel submits that the order passed by the learned Single Judge on 12.08.2024 was further challenged by the State of Rajasthan by way of filing D.B. Special Appeal (Writ) No. 214/2025 which came to be decided vide judgment dated 28.11.2025 wherein, directions were given to the State Government to consider all the candidates who have applied for post of Teacher Grade-III Level 2 (Special Education) who possess B.Ed. in General along with Diploma in Special Education as sufficient qualification for appointment and accordingly, all the candidates would be considered as per their merit and shall be given appointment as soon as possible.
3. Learned counsel for the petitioners submitted that the grievance of the petitioners is that on account of there being confusion with regard to eligibility and relevant qualification documents, although the petitioners are in possession of B.Ed. degree in general along with diploma in Special Education yet, at the relevant point of time, they could not submit the same along with their application form.
4. Learned counsel for the petitioners submitted that the petitioners will be satisfied in case, they are given liberty to submit a representation along with requisite documents in the light of aforesaid judgment passed by Co-ordinate Bench of this Court as well as Division Bench before the Competent Authority, who may be directed to consider the same and pass a speaking order.
5. In view of limited prayer made by learned counsel for the petitioners, this Court deems it just and proper to dispose of this writ petition with liberty to the petitioners to submit a representation before respondent Nos. 3 & 4, who shall consider and decide the representation with a reasoned order strictly in accordance with law within a period of 30 days from the date of receipt of representation along with certified copy of this order.
6. It is made clear that this Court has not expressed any opinion on merits of the case.
7. A copy of this order be placed on record of each writ petition.
